Preliminary Statement Final

European Union
Election Observation Mission

General Elections - Tanzania 2010
PRELIMINARY STATEMENT
A peaceful and generally orderly election day;

key stages of the electoral process lacked transparency
Dar es Salaam, 2 November 2010
Following an invitation from the Government of the United Republic of Tanzania and the signing of
Memoranda of Understanding with the Government, the National Electoral Commission (NEC) and the
Zanzibar Electoral Commission (ZEC), a European Union Election Observation Mission (EU EOM) was
deployed to observe the 31 October 2010 general elections. The EU EOM is headed by Mr. David Martin,
Member of European Parliament (MEP), and includes a Core Team of six analysts based in Dar es Salaam
and Zanzibar who arrived in the country on 29 September. A group of 22 Long Term Observers (LTOs)
joined the Mission on 7 October and were deployed to cover all the 26 regions of the country. They were
reinforced by a group of 42 Short Term Observers (STOs) who arrived in Tanzania on 25 October. A group
of 26 Local Short Term Observers (LSTOs) joined the Mission on election day. The Mission’s mandate was
to observe the electoral process, including the legal framework, the administration of the elections, the
political environment, election campaigning, electoral preparations, complaints and appeals, together
with the voting, counting and aggregation procedures.
The Mission assessed the electoral process against the Tanzanian and Zanzibari Constitutions and laws,
as well as international and regional principles for democratic elections. The EU EOM is independent in
its findings and conclusions and adheres to the Declaration of Principles for International Election
Observation, commemorated at the United Nations in October 2005, including its Code of Conduct for
International Election Observers. The EU EOM was also joined by a six-member delegation from the
European Parliament, led by Mariya Nedelcheva, Member of the European Parliament, who endorses the
views expressed in this statement. On election day, the Mission deployed 102 observers from all 27 EU
member states, as well as Canada, Norway and Switzerland, who visited 549 polling stations throughout
the country to observe voting and counting. The EU EOM will remain in the country to observe the
aggregation process, announcement of results and post-election developments. This statement is
preliminary; the EU EOM will not draw final conclusions until the completion of the process including the
announcement of results and the swearing-in of elected candidates. A final report will be published
between two and three months after the completion of the electoral process.
Summary
 The fourth general electoral process since the implementation of the multi-party system in the
country has so far been held in a peaceful and generally orderly environment. Several
improvements to the Union electoral process, like new regulations to control party finances and
a code of conduct for political parties, contributed to increase transparency, which was,
The Preliminary Statement is available in English and Swahili; only the English version is official
EU Election Observation Mission – Tanzania 2010 Preliminary Statement
General Elections Page 2 of 14
however, tainted by the procedures in the electoral decision-making and aggregation processes
that left out observers and political parties’ agents. In Zanzibar, the acceptance of the election
results by the competing parties and the will of each one to engage in practical talks to form a
working cabinet will be paramount to the success of the government of national unity (GNU)
approved by the Zanzibaris last July.
 Election day unfolded in a calm manner and, overall, the EU EOM observers rated the process as
either ‘good’ or ‘satisfactory’ in 95 percent of the polling stations observed in the mainland and
in Zanzibar. In general, polling station procedures were applied evenly across the country,
despite some shortcomings like election materials missing, including ballot papers, electoral
forms and voter lists, and were operational within an hour of the established opening time.
 Overall, the NEC and ZEC administered the elections in a professional manner and largely
guaranteed the universal suffrage, notwithstanding the logistical challenges and the number of
simultaneous elections. The EU EOM observers assessed the performance of the election
administration at local level to be generally efficient, organized and well prepared. The ZEC
generally conducted the elections in a professional manner and was on track with election
preparations.
 The voter register for the elections in the mainland was inclusive on the basis of projections of
the National Bureau of Statistics, with around 19.1 million registered voters out of 20.5 million
eligible citizens (96 percent). However, the projections of the underage population since the last
census in 2002 have been disputed by the opposition parties raising concerns about the quality
and the accuracy of the voters’ register.
 In Zanzibar, 452,064 citizens were registered and 44,406 did not qualify to register as a voter for
the Zanzibari elections, voting only for the Union presidential elections. The EU EOM perceived
an imbalance in the requirements for voter registration between the mainland and Zanzibar
where, comparatively, citizens had to comply with stricter conditions such as proof of residency,
payment of procedural costs and discretionary authority of the shehas.
 Candidates campaigned intensively on the mainland under a generally free and peaceful
environment despite some localized cases of violence. The islands of Zanzibar replicated the
experience of last July’s referendum with a remarkably peaceful campaign environment which
contrasted with the history of troubled and often violent electoral periods. In the mainland, the
Chama Cha Mapinduzi (CCM) enjoyed the advantages of the incumbency and also what seemed
a broad financial base allowing it to carry out campaigns with an overwhelming visibility
compared to other parties. Overall, the lack of sufficient financial resources undermined the
campaigning capacity of the parties. The situation was worsened by an extremely long campaign
period.
 The requirement that candidates must be members of and proposed by a political party to stand
for the general elections is not in conformity with international principles. This requirement
restricts the effective right and opportunity to stand for elections of individuals who aim to
contest as independent candidates and, consequently, limits the voter’s choice of candidates.
The remaining requirements were reasonable and non-discriminatory.
 The ruling party benefited from an historical control of the administrative structure that was
sometimes indistinct from the well organized CCM party structure. In that context, the large
number of election-related key positions directly or indirectly appointed by the Union president,
who was also a candidate for reelection, raised concerns about the independence of state
organs towards the incumbent party.
 In general, the legal framework both for the Union and Zanzibar provided a reasonable basis for
the conduct of democratic elections in line with international and regional principles ratified and
agreed to by the United Republic of Tanzania. However, some provisions raised concerns
regarding conformity with international principles, namely the voting rights of prisoners, and the
absence of a timely and effective remedy in face of the impossibility of challenging the
presidential elections results as well as decisions of the National Electoral Commission (NEC).
 Freedom of speech in the media was generally respected. However, a leading newspaper in
Swahili, Mwananchi, was threatened with closure and deregistration accused of allegedly
offering a negative coverage of the administration and of tarnishing the government’s image. As
the situation stands now, the EU EOM considers such threats against the media as an attempt to
limit the freedom of expression. Generally, both the state-owned and private media offered a
broad coverage of the electoral process despite some bias reporting in favor of the ruling party.
 The EU EOM welcomes the increase in the number of reserved seats for women in both the
National Assembly and the House of Representatives. The level of representation of women in
future legislative houses and councils will indicate whether quotas and female candidacies are
effectively changing the current situation of gender inequality in the Tanzanian political scene.
Overall, women were underrepresented among electoral authorities and there were no female
presidential candidates, although they were majority among polling station staff.
 The EU EOM observers reported that in some parts of the country, especially in rural areas, the
outreach of voter education activities was limited. In general throughout the country, voter
education was mainly conducted by political parties during rallies. However, the opportunity for
voters to make a free and informed choice was in general not compromised by the limited
outreach of the voter education programs.
BACKGROUND
On 31 October 2010, the United Republic of Tanzania held its fourth general elections since the abolition
of the one-party system. The multiparty democracy was introduced in 1992 and the first elections under
the new system in 1995. Elections were held simultaneously for the Union and Zanzibar. A total of
20,146,119, of which 19,694,055 in the mainland and 452,064 in Zanzibar, were eligible to elect the
president of the Union and the president of Zanzibar, the 239 directly elected members of the National
Assembly in the mainland and 50 for the House of Representatives in the islands, besides thousands of
representatives for the local councils. The incumbent president of the United Republic of Tanzania,
Jakaya Kikwete, belongs to the Chama Cha Mapinduzi (CCM), which has been ruling the country since
independence in 1961.1 CCM has always won comfortable majorities both in the Union and Zanzibar
1
Tanganyka became independent in 1961 and Zanzibar in 1963. Tanganyka united with Zanzibar on 26 April 1964.
elections. However, Zanzibar’s popular opposition has resulted in contentious elections since 1995, all
won by the ruling party despite claims of voting irregularities and widespread violence.
The electoral environment in 2010 was different from past elections. The general situation in the
country, both in the mainland and in Zanzibar, has been peaceful and orderly, with only localized
incidents reported during the electoral campaign that started on 20 August in the mainland. The strong
control of state organs by the ruling party inherited from the country’s past as a one-party state was a
concern regarding the use of such structures to influence voters at grassroots level. However, new
regulations to control party finances, the presence of a code of conduct for political parties and the
overall calm campaign environment were encouraging elements for the conduct of peaceful elections.
The election expenses act offered an opportunity to increase transparency and curtail corruption and
malpractices, despite the difficulties to implement its provisions.
The Constitution defines the United Republic of Tanzania as a democratic, secular and socialist state,
which adheres to multi-party democracy. The same principle applies to the Revolutionary Government
of Zanzibar since it is an integral part of the Republic. It enjoys a semi-autonomous status with its own
Constitution pledging to uphold the rule of law, human rights, peace and justice. A dual principle of
power is in place with two parallel sets of institutions vested with legislative, executive and judicial
powers, one applicable for mainland Tanzania and one for Zanzibar. It is a widely shared perception that
the separation of state and the incumbent party is blurred, giving the CCM significant institutional
advantages.
The tenth amendment to the Constitution of Zanzibar, introducing a power sharing government formula
between the CCM and the Civic United Front (CUF), significantly changed the political landscape on the
islands. Pre-election tension, that has been a common feature in past elections, was not observed this
time around. From now on, the attention will focus on the maintenance of the peaceful environment
and on the implementation of the agreement for the formation of a government of national unity
(GNU). The referendum was organized by the Zanzibar Electoral Commission (ZEC) in a peaceful
atmosphere. The result showed 66.4% support for the reconciliation process and the formation of a
GNU after the 2010 general elections. The acceptance of the election results by the competing parties
and the will of each one to engage in practical talks to form a working cabinet will be paramount to the
success of the GNU.
LEGAL AND ELECTORAL FRAMEWORK
The Union’s presidential, National Assembly and councils’ elections are governed by the amended 1977
Constitution of the United Republic of Tanzania and other legal documents that comprise laws and
regulations issued by the National Electoral Commission (NEC).2 The amendments contributed to the
harmonization of the Tanzanian electoral legislation with the international principles for the conduct of
democratic elections, and to a higher degree of transparency of the funding of political parties and the
disclosure of financial sources for their campaigns through the introduction of the Election Expenses Act.
These amendments and new legislation entered into force only last June and July and did not provide
2
Namely, the amended 1985 Elections Act, the amended 1979 Local Authorities (Elections) Act , the amended 1992 Political
Parties Act, the 2010 Election Expenses Act, the Elections (presidential and parliamentary elections) Regulations, the Local
Authorities (Councilors’ Elections) Regulations, Guidelines for Local and International Observers and the Code of Ethics for the
presidential, parliamentary and councilors’ elections.
the opportunity for political parties to be fully familiar with the new legislation and amendments. The
elections for the Zanzibar president, the House of Representatives and Councils are governed by the
amended 1984 Constitution of Zanzibar, the amended Election Act and ZEC regulations.3
In general, the legal framework both for the Union and Zanzibar provides a reasonable basis for the
conduct of democratic elections in line with international and regional principles ratified and agreed to
by the United Republic of Tanzania.4 The Constitution and the election-related legislation ensure the
protection of political rights of Tanzanians and guarantee genuine elections through the respect of
freedoms of association, assembly, movement and of expression. The right to vote and to be elected in
periodic elections through universal suffrage is also entrenched in the constitution as well as the right to
access justice and legal remedies. However, there are a number of provisions that raise concerns
regarding conformity with international principles, namely the limitation of the right to stand that
excludes independent candidates, the voting rights of prisoners, and the absence of a timely and
effective remedy in face of the impossibility of challenging the presidential elections results as well as
decisions of the National Electoral Commission (NEC).
The number of constituencies was reviewed by the NEC and was increased from 232 to 239 single-seat
constituencies, of which 189 are in the mainland and 50 in Zanzibar. The Union president and the
National Assembly are elected for a five-year term through the “first-past-the-post” system. Presidential
office is limited to two terms. For the National Assembly elections, each constituency elects its
representative while every ward, in the mainland elects a councilor. Tanzania has also a system of
proportional representation for the 102 reserved seats for women in the National Assembly. Besides the
239 directly elected members and the 102 reserved seats for women, 10 other members are appointed
by the president of the Union, 5 are members of the Zanzibar House of Representatives and 2 ex-oficio5
appointed also by the president, for a total of 358 members.
Similarly to mainland Tanzania, the Zanzibar president is elected through direct popular vote. The House
of Representatives (HoR), with a total of 81 members, elects 50 seats directly through the “first-past-
the-post system” for a five year term. Another remaining 11 seats are filled by presidential appointees,
including two from the opposition party and the Zanzibar Attorney General. The tenth amendment to
the Constitution of Zanzibar introduces a new provision for women’s quota, raising their reserved seats
from 30 to 40 per cent, which are distributed proportionally among parties that obtain more than 10 per
cent of the directly elected seats. In addition to these three concurrent polls, Zanzibaris vote for the
president of Tanzania as well as for the National Assembly.
Zanzibar, with a population share of three per cent of the republic, is overrepresented in the National
Assembly. The islands are represented in the National Assembly by 55 members, the equivalent of 15.3
per cent of the total number of its members. Out of the 55 members who are elected from Zanzibar, 50
are directly elected in single mandate constituencies, and five appointed by the Zanzibar House of
3
Guidelines for the Code of Ethics for Political Parties, Code of Conduct for State-owned Media on the Coverage of the Election
Campaign of Political Parties Candidates, and Guidelines for Local and International Observers.
4
The 1966 International Covenant on Civil and Political Rights (ICCPR), the 1979 Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the 1966 International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD), the 2006 Convention on the Rights of Persons with Disabilities (CRPD) and the 1952 Convention of the
Political Rights of Women (CPRW), the 2002 African Union Declaration of Principles Governing Democratic Elections in Africa,
the 2004 Southern African Development Community (SADC) Principles and Guidelines Governing Democratic Elections.
5
The attorney-general and the speaker of the National Assembly if not elected among the members.
Representatives, three from the ruling party and two from the opposition. The presidential candidates
run alone, without a vice-presidential candidate. After elections and for the formation of the
Government of National Unity there will be two vice-presidents attached to the presidency. The first
vice-president will come from the opposition, the second from the most voted party. The president and
vice-presidents must be Zanzibaris by birth.
ELECTION ADMINISTRATION
The National Electoral Commission (NEC) was established in 1993 under Article 74(1) of the Constitution
and is an autonomous government institution, composed of seven members appointed by the president
for a five-year mandate. The NEC has the power to issue regulations, directions and notices governing
various aspects of the election process. The NEC’s Director of Elections, appointed by the president from
among senior civil servants recommended by the Commission, is also the Secretary to the Commission
and Chief Executive.
The Zanzibar Electoral Commission (ZEC), an autonomous department, appointed in 2007 in accordance
with the Election Act n.11 of 1984, comprises seven members with a five-year mandate. The president
of Zanzibar appoints all its members, which include two members on recommendation of the House of
Representatives, two others on the recommendation of the opposition leader in the House of
Representatives, one from among the judges of the High Court, and one as the president sees fit. The
power of the ZECs Chief Executive is vested in the Secretariat, namely in the Director of Elections. The
Commission’s mandate includes the overall supervision of the conduct of elections and has legal powers
to introduce by-laws and issue regulations.
For the lower levels of the election administration, the NEC and ZEC appoint a number of regional
election officers from among regional or district executive officials. The fact that election commissioners
are presidential appointees and other electoral officials at lower levels are civil servants raised concerns
by stakeholders, and in some cases distrust, in the electoral administration. Despite the logistical
challenges due to the size of the country and the high number of registered voters, both electoral
commissions managed efficiently the preparations for the election day and largely guaranteed the
universal suffrage. The EU EOM observers assessed the performance of the election administration at
local level to be generally efficient, organized and well prepared. The ZEC generally conducted the
elections in a professional manner and was on track with election preparations as the operational
election plan was similar to what was successfully put in place for the referendum last July.
However, in spite of the NEC receiving significant technical assistance from the United Nations
Development Program (UNDP), funded by the international community, including the European Union,
it did not always use it to its own advantage. Fundamental areas such as effective communication
within the different levels of the electoral commission and public information which could enhance
transparency - namely the registration of voters and transmission of results - were not effectively
conveyed to stakeholders thus creating unnecessary mistrust in the process. The transparency of the
transmission of results process was also compromised by the fact that the political party representatives
did not always have access to the aggregation of results at district level. The NEC also showed a poor
degree of transparency by not authorizing the EU EOM to attend the meetings at national level of the
Ethics Committee where electoral complaints were discussed. Also, the EU EOM and TEMCO observers
in Kilimanjaro were not allowed to attend a regional meeting between electoral officials and political
parties. There was no interest demonstrated by the NEC in having observers present for the distribution
of materials, meetings with political parties or training of officials.
Transmission of Results
The NEC established a new method for the transmission of results for the 2010 general elections. After
counting and posting the result forms outside the polling stations, presiding officers transported the
result forms to the ward level and handed them over to the assistant returning officer. After collecting
the results from all the polling stations in the ward, the assistant returning officer transported the result
forms to the district electoral office handing them over to the respective returning officer who was in
charge of aggregating the results of his/her constituency. The district electoral offices were equipped
with laptops and scanners and two data entry clerks. Results from polling stations were entered twice in
the system using a “double blind entry” and aggregated to generate the constituency results summary.
For the Zanzibar elections, the same system was implemented although the presiding officers
transported the results directly from the polling stations to the district electoral office. The results forms
were handed over to the returning officer in charge of aggregating the results of his/her constituency.
Domestic and International observers as well as political party agents followed the aggregation of results
on district level. At the ZEC validation of results center, the denial of access to political party agents and
international and domestic observers not only raised doubts about the transparency of the process but
also contradicted the assurances of previously agreed access given in the Memorandum of
Understanding between the European Union and ZEC.
VOTER REGISTRATION
There were no unreasonable requirements to register as a voter. Any Tanzanian citizen 18 years old or
above had the right to be included in the voter register. Tanzania has a Permanent National Voter
Register (PNVR). Two updates took place after the 2005 elections. In total, there were 20,146,119
registered voters, 19,694,055 in the mainland and 452,064 in Zanzibar. Out of these 452,064 voters in
Zanzibar, 44,406 did not qualify to register as a voter for the Zanzibari elections, voting only for the
Union presidential elections in Zanzibari polling stations. According to a projection of the National
Bureau of Statistics, the population over 18 years old, eligible to register as voters, was 20,507,186. The
number of registered voters in the mainland corresponded to a capture of 96 percent of the total
number of eligible voters. The NEC acknowledged that this number was indeed unrealistic and that
there were a number of ineligible voters found in the register. However, since there is no reliable
national civil register, and the majority of citizens do not have any identification document, many
citizens registered as a voter just to obtain an identification card. Thus, the voter register may reflect an
inflated number of voters although it does not seem to be a deliberate attempt by any political party to
take advantage of it but rather a consequence of social conditions. The EU EOM perceived an imbalance
in the requirements for voter registration between the mainland and Zanzibar, where citizens have to
comply with stricter conditions such as proof of residency, payment of procedural costs and
discretionary authority of the shehas.
The Zanzibar Elections Act establishes a permanent voters’ register for the presidential, House of
Representatives and council elections to be complied by ZEC. The registration was conducted in two
waves as required by law in order to allow for newly qualified voters to register, including those who
turned 18 before Election Day. It also required that a person must have permanent residency and have
lived in a particular constituency for a continuous period of 36 months before election day to be eligible
to register. The 2005 Registration of Zanzibari Resident Act introduced the prerequisite of an
identification card (ID) in order to obtain or renew the voter card. This requirement did not apply to
previous elections. A special application is required and the procedure costs the equivalent of US$20.00.
The determination of the status of Zanzibaris is a complex matter and became a contested issue during
the registration of voters. ZEC suspended voter registration in Pemba in August 2009 due to
controversies and clashes over the issuing of the Zanzibar ID. A number of residents was not able to
present a birth certificate or could not afford to obtain a Zanzibar ID. Eventually, the registration
resumed after CUF called off a boycott and started actively compiling lists of voters. Political parties and
civil society organizations, such as the Zanzibar Commission on Human Rights and Good Governance
(ZCHRGG), the Zanzibar Legal Services Centre (ZLSC) and the Global Network of Religions for Children
monitored the process.
ZEC’s final Voter Register totals 407,658 voters. The number of registered voters is 20 per cent lower
compared to the 2005 election. The official explanation was the deletion of double entries and removal
of non-Zanzibar voters. A total of 10,180 uncollected voter cards were returned to ZEC headquarters.
The owners were expected to collect their cards before 31 October and were required to explain the
reasons for the late pick-up of the card. Copies of Zanzibari voters’ registers were made available to
political parties for inspection ahead of the poll; in the mainland, however, the NEC was late in giving
the voters’ list to the political parties, which was promised by mid-September but not shared until mid-
October.
CANDIDATE REGISTRATION
Eighteen political parties were registered and contested the presidential, National Assembly and council
elections. For the Union elections, the day for submitting nomination papers was 19 August until 16:00
hours. A total of nine political parties submitted their papers to contest the presidential elections.
However, two of the candidates were rejected by the NEC for not meeting the requirements for
eligibility. Although the electoral law provides that decisions of the NEC are “final and conclusive,” one
potential candidate appealed the decision to the High Court in Dar es Salaam. The case, however, was
dismissed. For the National Assembly elections, a total of 1,036 candidates were accepted as well as
around 7,924 candidates for the 2,600 councillorships elections. Seven registered presidential
candidates, all male, competed for the Zanzibar ballot. Similarly to the mainland, all candidates must be
proposed by a duly registered party. The final date to submit nomination papers was 3 September. A
further 140 candidates from 12 political parties ran for the House of Representatives, and 379 competed
for 141 wards.
The requirement that candidates must be members of and proposed by a political party to stand for the
general elections is not in conformity with international principles. This requirement restricts the
effective right and opportunity to stand for elections of individuals who aim to stand as independent
candidates and, consequently, limits the voter’s choice of candidates.6 Nevertheless, the remaining
requirements were reasonable and non-discriminatory.
CAMPAIGN ENVIRONMENT
The campaign period started immediately after the end of the candidates’ registration and lasted for
more than two months. Candidates campaigned intensively on the mainland under a generally free and
peaceful environment despite some localized cases of violence during the last weeks before the
elections. The islands of Zanzibar replicated the experience of last July’s referendum with a remarkably
peaceful campaign environment which contrasted with the history of troubled and often violent
electoral periods.
In the mainland, CCM enjoyed the advantages of the incumbency and also what seemed a broad
financial base allowing it to carry out campaigns with an overwhelming visibility compared to other
parties. Measured by the amount of publicity in public places, CCM seemed to have been the only
political organisation able to finance expensive campaign advertisement in outdoors, newspapers, radio
and TV. CCM was also the only party that registered candidates in all constituencies for the National
Assembly elections, and the only one to have party agents in all polling stations. The ruling party also
benefited from an historical control of the administrative structure that was sometimes indistinct from
the well organized CCM party structure. In that context, the large number of election-related key
positions directly or indirectly appointed by the Union president, who was also a candidate for
reelection,7 raised concerns about the independence of state organs towards the incumbent party.
Overall, the lack of sufficient financial resources undermined the campaigning capacity of the parties.
The situation was worsened by an extremely long campaign period. Some political opposition parties
received public funding for their activities in proportion to the number of seats in the National Assembly
of the Union and the House of Representatives of Zanzibar. However, the actual amounts distributed on
the basis of this formula were, according to the political parties, insufficient to finance a campaign for
five simultaneous elections, and tended to favor those parties already represented in the two legislative
institutions. Consequently, small parties could not finance a national campaign and had to reduce the
number of constituencies where they presented candidates, limiting de facto their capacity to stand.
The limited or non-existent financial support from their respective parties or from the NEC also limited
the opposition’s capacity to recruit agents to cover all constituencies where they had presented
candidates.
In Zanzibar, the changes to the Constitution and the approval of a document establishing a Government
of National Unity, a power sharing agreement between the two leading political forces in the islands,
CCM and CUF, was a creative reconciliation approach to overcome political exclusion and achieve
stability. The EU EOM will closely follow the first stages of the implementation of the GNU.
6
ICCPR, United Nations Human Rights Commission, General Comment no. 25 of the International Covenant of Civil and Political
Rights, paragraph 15
7
Including the chairman of the National Electoral Commission (NEC), the registrar of political parties, the chairman and the
director of the Prevention and Combating of Corruption Bureau (PCCB), the regional election coordinators and district
commissioners who have strong influence and control of the electoral operations. The president’s powers also extend to
Zanzibar where the Zanzibari president appoints the regional commissioners after consultations with the Union president.
The joint statement made by the Tanzania People’s Defense Forces and the police warning those who
intended to cause violence that their forces were ready to make sure such events would never happen,
raised questions about the neutrality of the security forces.8 Although interventions by security forces in
favor of peaceful and orderly electoral process are common practice in some countries, such an
unprecedented statement surprised the opposition candidates and other stakeholders who considered
the statement unfortunate at a time when state institutions, and especially security forces, should
remain neutral and not get involved in electoral affairs.
MEDIA ENVIRONMENT
Despite a relatively non-eventful campaign, the media ensured the coverage of the main political
campaign events throughout the country, although concentrating their coverage on the three main
political parties. Both private and state-owned media showed a reasonable level of commitment to
promote voter education. However, the limited outreach, especially of the print media around the
country, reduced their role in providing all voters with sufficient elements to make an informed choice.
The silence period to be observed after 18:00 hours on 30 October was ignored by both the electronic
and print media which extended the coverage of candidates and party platforms all the way through
election day.9
Freedom of speech in the media was generally respected, although a leading newspaper in Swahili,
Mwananchi, was threatened with closure and deregistration by the Director of the Tanzania Information
Services (Maelezo), a government agency. The newspaper was accused of allegedly offering a negative
coverage of the administration and of tarnishing the government’s image.10 As the situation stands now,
the EU EOM considers such threats against the media as an attempt to limit the freedom of expression
as enshrined in Article 18 of the Constitution of the United Republic of Tanzania as well as in the
international treaties and principles protecting freedom of expression11.
The EU EOM media monitoring conducted a qualitative and quantitative analysis of the coverage of five
TV channels,12 five radio stations13 and seven newspapers14 since 7 October. The coverage was
dedicated almost entirely to three main political parties – CCM, CUF and CHADEMA – and their leaders,
while other parties received negligible attention. Interestingly, the state TV channels offered a much
more balanced coverage (paid advertisements not included) than the private TV channels (paid
advertisements included); the state-owned TV channels gave 28 percent of the time monitored to CCM,
another 28 percent to CUF, 16 percent to CHADEMA and 28 percent to other political parties, against
the private TV channels 70 percent to CCM, 18 percent to CHADEMA, 8 percent to CUF and 4 percent to
8
The Inspector General of Police (IGP), Said Mwema, explained that the statement was issued based on such a scenario “but we
had no intention whatsoever to threaten any person or group of people.”
9
The state-owned Daily news on the 31 October edition ran a headline on its first page calling for “Vote for CCM, vote for
unity.” The private ITV reran during its news program several campaign rallies.
10
The Newspaper Act of 1976 might be applied to ban Mwananchi on grounds of publishing “seditious stories that excite
dissatisfaction against the government” as provided under Section 31(1) (a). The Act is among the laws that the Law Reform
Commission, under the Ministry of Justice and Constitutional Affairs, proposed to repeal because of what it called obsolete
content and authoritarian provisions.
11
International Covenant on Civil and Political Rights, African Charter on Human and People’s rights, SADC Principles and
Guidelines Governing Democratic Elections
12
State-owned TBC and TV Zanzibar, Channel 10, Star TV and ITV.
13
State-owned TBC Radio and TVZ Radio Zanzibar and private Radio Free Africa, Radio One and Zenj Radio Zanzibar.
14
Daily News (State owned), The Guardian, The Citizen, Nipashe, Mwananachi , Matanzania and the Zanzibar Leo.
others. These percentages indicates the much higher financial base of CCM vis-à-vis other parties when
taking the paid advertisements included in the monitoring of the private TV channels. In general, the
tone of the coverage both by the private and state-owned media was neutral. The public TBC and TV
Zanzibar complied with the legal requirements for the equal allocation of free airtime to presidential
candidates.15 In the case of TV Zanzibar, some political parties did not take advantage of this provision or
ignored the schedule established by ZEC, and their airtime was irregularly allocated to CCM.
The same balanced treatment was not seen in the monitored print media. The state-owned newspapers
(no paid advertisement included) gave 66 percent of the time measured by the EU EOM to CCM,
compared with 20 percent to CUF, 8 percent to CHADEMA and 6 percent to other parties. The private
newspapers (paid advertisement included) dedicated 55 percent of the political and electoral space
monitored by the Mission to CCM, 29 percent to CHADEMA, 10 percent to CUF and 6 percent to others.
Ironically, the Guardian and MTanzania, both private newspapers, were the leading publications by
giving almost 70 percent of its political and electoral coverage to CCM. In the case of MTanzania, it not
only displayed a clear bias in favor of the ruling party but also gave a persistent negative reporting on
CCM’s rival, CHADEMA.
The radios, the main means of communication in the country, followed along the lines of the
newspapers, giving the ruling party CCM a clear advantage in their coverage: 32 percent in state-owned
and 47 percent in the private radios (also counting the paid advertisements), against 21 and 10 percent
for CUF, 17 and 21 percent for CHADEMA.
HUMAN RIGHTS
The protection of political rights and respect for fundamental freedoms are essential conditions for
holding democratic elections. Both the United Republic of Tanzania and the Zanzibar Constitutions
guarantee essential civil and political rights as enshrined in a number of internationally binding human
rights commitments ratified by Tanzania16. The existence of the Human Rights Commission (HRC), and of
a number of national and international NGOs, facilitated the effective exercise of these fundamental
freedoms.
Freedom of expression, assembly, association and movement were generally respected during the
campaign period. Rallies were conducted in a peaceful manner with the support of security forces.
However, there were instances of candidates being briefly arrested and detained in remand, cuts of live
campaign TV coverage, denials of access to campaign venues by local administrators and forced
dispersion of gatherings by the police. The CCM affiliation tended to facilitate access to public services
and limit police intervention.
The Human Rights Commission signed a Memorandum of Understanding with the police forces to
conduct training on human rights issues. The training was aimed at preventing human rights abuses
during arrest and detention. It is regrettable that prisoners in remand, although enjoying the benefit of
presumption of innocence, were not able to vote for this round of elections in a breach of their right to
vote.
15
All presidential candidates were entitled to 30 minutes once a week. In some occasions, CCM used the time of other political
parties which did not appear at the TV station as in the case of TV Zanzibar.
16
See Legal and Electoral Framework.
WOMEN PARTICIPATION
In total, 1,036 candidates, among whom 191 were women, competed for the 239 seats of the National
Assembly. The EU EOM welcomes the increase in the number of reserved seats for women in the
National Assembly from 75 in the last elections to 102. The 30 percent minimum share of seats that will
be assigned to women complies with the benchmark recommended by the Southern African
Development Community (SADC) declaration on gender and development of 1997. This share may
further increase when the final results are announced and other women are elected directly in the
constituencies. The reserved seats have empowered women who took an active role in the campaign.
However, the EU EOM noted that the three largest political parties - CCM, CUF and CHADEMA (10, 7.7
and 13 percent) – presented the lowest percentages of female candidates among 18 political parties
vying for seats in the National Assembly and the House of Representatives. On a positive development,
the tenth amendment to the Constitution of Zanzibar introduced a new provision for women’s quota,
raising their reserved seats from 30 to 40 percent. These reserved seats, distributed proportionally
among parties that obtain more than 10 percent of the directly elected seats will certainly contribute to
a stronger female representation and defense of women’s interests. Moreover, the level of
representation of women in future legislative houses and councils will certainly be a good indicator of
whether quotas and female candidacies are effectively changing the current situation of gender
inequality in the Tanzanian political scene.
VOTER EDUCATION
Voter education is under the mandate of the NEC’s Voter Education and Public Information department.
The NEC organizes its own activities through their returning officers who sub-contract local groups to
pass voter education messages to the public. Additionally, 43 non-governmental organizations funded
by the UNDP’s Electoral Support Program (ESP) also carried out voter education activities under the
supervision of the NEC and ZEC in terms of content and implementation. Voter education activities in
the mainland started simultaneously with the first phase of voter registration. A diversity of means such
as dances, meetings and contacts with traditional leaders, and flyers was used to convey the messages.
The NEC and ZEC also used private and public media, mainly local radios and regional TV stations, to
reach out to the voters. The EU EOM observers reported that in some parts of the country, especially in
rural areas, the outreach of these activities was limited. In general throughout the country, voter
education was mainly conducted by political parties during rallies. There was a modest activity in terms
of public posting of information. However, the opportunity for voters to make a free and informed
choice was in general not compromised by the limited outreach of the voter education programs.
DOMESTIC ELECTION OBSERVATION
The main domestic observation group is the Tanzania Election Monitor Committee (TEMCO), an
umbrella organization of around 152 civil society and community based organizations, funded by
UNDP’s Election Support Project (ESP) 2010 and the United States Agency for International Development
(USAID). TEMCO deployed 223 long term observers (173 in mainland and 50 in Zanzibar) and around
7,000 short term observers on election day. TEMCO was well organized, knowledgeable, adequately
funded and active; however, its independence has been challenged by some stakeholders. Other
accredited organizations included the Tanganyika Law Society, the Legal and Human Rights Center and
the Human Rights Commission. The Tanganyika Law Society deployed around 200 observers on election
day while the Legal and Human Rights Center deployed approximately 1,746 observers throughout the
country.
COMPLAINTS AND APPEALS
The Union and Zanzibar electoral commissions are responsible for the settlement of complaints and
appeals at all levels of the electoral administration regarding civil matters. Criminal matters are dealt
with by the normal judicial channels. Objections or complaints regarding the nomination of National
Assembly and House of Representatives candidates are submitted to the Returning Officer whose
decision may be appealed to the electoral commissions. However, the decisions of the NEC and ZEC are
considered to be final and may only be appealed to the High Court by way of petition within 30 days of
the declaration of results. This provision neither provides a timely remedy for aggrieved parties nor
respects the power of judicial review and supervisory jurisdiction of the judiciary over public bodies and
over the legality of their decisions. As for the presidential candidates, according to the electoral law,
rejected nominees do not have the right to appeal the decisions of the commissions, since such
decisions are final and conclusive. Likewise, according to the two constitutions, presidential elections
results cannot be challenged, clearly contrary to international principles.17 The Constitution of Tanzania,
however, provides the possibility of judicial review before the courts and the right to “legal remedy
against the decision of the court or of the other agency concerned”.18 In the face of this contradiction, a
petition was filed at the High Court by the Center for Justice and Democracy challenging the
constitutionality of article 41(7)19 of the Constitution, which limits the jurisdiction of the courts in
adjudicating petitions regarding presidential elections.
There was also controversy regarding the students’ vote. Around 60,000 students registered at the
Tanzanian state universities expected to be in class by the time of the 31 October elections. The
government, however, postponed the start of classes until November which meant that many students
were not at the university on election day. The NEC warned that it would not allow students to vote in
polling stations where they were not registered. The Tanzanian Higher Learning Students Organization,
consequently, filed a petition at the High Court seeking a decision to open the universities before
November. However, no decision was taken by the court before election day.
Ethics Committees
The enforcement of the Code of Conduct for Political Parties is under the responsibility of the Ethics
Committees established at ward, constituency and national levels. The Ethics Committee at national
level dealt with seven complaints related to presidential elections while the constituency Ethics
Committees dealt with issues regarding the National Assembly elections. A total of 26 complaints were
reported throughout the country by the EU EOM observers in the field. These were mainly regarding
violations of campaign rules such as disruption of campaign, abusive language used during speeches,
17
ICCPR, United Nations Human Rights Commission, General Comment no. 25 of the International Covenant on Civil and
Political Rights, paragraph 20, states that “there should be an independent scrutiny of the voting and counting process and
access to judicial review or other equivalent process so that electors have confidence in the security of the ballot and the
counting of votes.”
18
Articles 30 (3) and 13(6.a)
19
It reads: “When a candidate is declared by the Electoral Commission to have been duly elected in accordance with this
Article, then no court of law shall have any jurisdiction to inquire into the election of that candidate.”
defamation, tearing down of posters and campaign activities after 18:00 hours. The fact that most
election related complaints concerned these types of violations, the political parties and election
officials privileged this channel, which seemed to be the most effective, in terms of expediency and
efficiency.
POLLING, COUNTING AND AGGREGATION
Election day was peaceful and generally orderly. All observed polling stations were operational within an
hour of the established opening time. In 14 percent of observed polling stations some election materials
were missing, including ballot papers, electoral forms and voter lists. In general, polling station
procedures were applied evenly across the country and voting was conducted in a calm manner with
only a few incidents of a minor nature in over 442 observed polling stations during voting.
Unfortunately, the secrecy of the vote was compromised in 12 percent of observed polling stations and
EU observers reported that in 20 percent of cases the layout of the polling station did not guarantee the
secrecy of the vote. In 11 percent of observed polling stations EU observers noted family and or group
voting. EU observers also reported a strong presence of women as polling station members and in 48
percent of cases the presiding officer was a woman. Safeguards were in place to protect against double
voting: fingers were inked and voters were ticked off the voter list.
Overall, observers rated the process as either ‘good’ or ‘satisfactory’ in 95 percent of the polling stations
observed, and ‘poor’ in five percent. Party delegates were present in 99 percent of observed polling
stations, with CCM present in 98 percent, CUF in 70 percent and CHADEMA in 68 percent. Smaller
political parties had few party delegates. National observers were present in 47 percent of observed
polling stations.
Counting was observed in 43 polling stations, 35 in the mainland and 8 in Zanzibar. Overall, observers
rated the process as either ‘good’ or ‘satisfactory’ in 91 percent of the observations in the mainland and
88 percent of the observation in Zanzibar. The party agents signed a copy of Form 16 (mainland) and
Form PS1A (Zanzibar) at every step of the counting process to express their satisfaction or dissatisfaction
with the process in 86 percent and 100 percent of cases, respectively, and to receive a copy of the
results in 97 percent and 100 percent of cases. This process was made more transparent with public
display of results upon completion of counting procedures at 94 percent and 88 percent of observed
Polling Stations.
***
The EU EOM would like to express its appreciation to the people of Tanzania, the political parties, the National Electoral
Commission (NEC), the Zanzibar Electoral Commission (ZEC) and the government of Tanzania, for their cooperation and
assistance during the observation period. The EU EOM is also grateful to the Delegation of the European Union to Tanzania, the
diplomatic missions in Dar es Salaam and TRANSTEC for their support throughout the Mission.

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Preliminary Statement Final

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European Union

Election Observation Mission

A peaceful and generally orderly election day;

Dar es Salaam, 2 November 2010

LEGAL AND ELECTORAL FRAMEWORK

DOMESTIC ELECTION OBSERVATION

COMPLAINTS AND APPEALS

POLLING, COUNTING AND AGGREGATION

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